June 8, 2005, Introduced by Reps. Meisner, Tobocman, Zelenko, Vagnozzi, Miller, Gonzales, Kathleen Law, Byrum, Plakas, Donigan, Hopgood, Condino, Farrah, Accavitti, Kolb, Byrnes, Waters, Alma Smith, Murphy, Whitmer, Adamini, Lemmons, III and McConico and referred to the Committee on Health Policy.


     A bill to amend 1978 PA 368, entitled


"Public health code,"


by amending sections 2685, 2687, 2688, 2692, and 16274 (MCL


333.2685, 333.2687, 333.2688, 333.2692, and 333.16274), section


16274 as added by 1998 PA 108.




     Sec. 2685. (1) A person shall not use a live  human embryo,  


fetus  ,  or neonate for nontherapeutic research if, in the best


judgment of the person conducting the research, based upon the


available knowledge or information at the approximate time of the


research, the research substantially jeopardizes the life or health


of the  embryo,  fetus  ,  or neonate. Nontherapeutic research


shall not in any case be performed on  an embryo or  a fetus known


by the person conducting the research to be the subject of a


planned abortion being performed for any purpose other than to


protect the life of the mother.


     (2) For purposes of subsection (1) , the  embryo or  fetus


shall be conclusively presumed not to be the subject of a planned


abortion if the mother signed a written statement at the time of


the research, that she was not planning an abortion.


     Sec. 2687.  An embryo,  A fetus  ,  or neonate is a live  


embryo,  fetus  ,  or neonate for purposes of sections 2685 to 2691


if, in the best medical judgment of a physician, it shows evidence


of life as determined by the same medical standards as are used in


determining evidence of life in a spontaneously aborted embryo or


fetus at approximately the same stage of gestational development.


     Sec. 2688. (1) Research may not knowingly be performed upon a


dead  embryo,  fetus  ,  or neonate unless the consent of the


mother has first been obtained. Consent shall not be required in


the case of a routine pathological study.


     (2) For purposes of this section, consent shall be


conclusively presumed to have been granted by a written statement,


signed by the mother that she consents to the use of her dead  


embryo,  fetus  ,  or neonate for research.


     (3) Written consent shall constitute lawful authorization for


the transfer of the dead  embryo,  fetus  ,  or neonate to medical


research facilities.


     (4) Research being performed upon a dead  embryo,  fetus  ,  


or neonate shall be conducted in accordance with the same standards


applicable to research conducted pursuant to part 101.


     Sec. 2692. As used in sections 2685 to 2691:  ,




     (a) "Fetus" means the product of conception from implantation


until delivery.


     (b) "Neonate" means a newborn.


     (c) "Nontherapeutic research" means scientific or laboratory


research, or other kind of experimentation or investigation not


designed to improve the health of the research subject.


     Sec. 16274. (1) A licensee or registrant shall not engage in


or attempt to engage in human cloning.


     (2) Subsection (1) does not prohibit scientific research or


cell-based therapies not specifically prohibited by that




     (3) A licensee or registrant who violates subsection (1) is


subject to the administrative penalties prescribed in sections


16221 and 16226 and to the civil penalty prescribed in section




     (4) This section does not give a person a private right of




     (5) As used in this section:


     (a) "Human cloning" means  the use of human  creating or


attempting to create a human being by using the somatic cell


nuclear transfer  technology to produce a human embryo  procedure


for the purpose of, or to implant, the resulting product to


initiate a pregnancy that could result in the birth of a human




     (b) "Human embryo" means a human egg cell with a full genetic


composition capable of differentiating and maturing into a complete


human being.


     (b)  (c)  "Human somatic cell" means a cell of a developing or


fully developed human being that is not and will not become a sperm


or egg cell.


     (c)  (d)  "Human somatic cell nuclear transfer" means


transferring the nucleus of a human somatic cell into an egg cell


from which the nucleus has been removed or rendered inert.